Foreign Legal Terms

( ): (Law Pr.) In old English law. To hold. A aver et tener a luy et a ses heires, to have and to hold to him and his heirs. Litt. 625. To keep. Tener hors de droit heire, to keep out the right heir. Britt. c. 65.

A aver et a tener a luy et a ses heires

Disabled from acting; unable to act; incapacitated for business or transactions of any kind.Ab agendo

( ) . Abalienatio, in Roman law, is a legal transfer of property by sale or other alienation.Abalienatio

( .From things to which one is accustomed (or in which there has long been acquiescence) no legal injury or wrong arises. If a person neglects to insist on her right, she is deemed to have abandoned it.Ab assuetis non fit injuria

From outside.Ab extra

/ From the beginning

It refers to something being the case from the start or from the instant of the act, rather than from when the court declared it so. A judicial declaration of the invalidity of a marriage ab initio is a nullity.in science: A calculation is said to be ab initio (or "from first principles") if it relies on basic and established laws of nature without additional assumptions or special models.Void ab initio Ab initio

( ) By or from an unwilling party. A transfer ab invito is a compulsory transfer.Ab invite

() AB INTESTAT. An heir, ab intestats, is one on whom the law casts the inheritance or estate of a person who dies intestate.

Ab intestato

By one who is angry. A devise or gift made by a man adversely to the interest of his heirs, on account of anger or hatred against them, is said to be made ab irato. A suit to set aside such a will is called an action ab irato. Merl. Repert Ab irato. Civil law. A Latin phrase, which signifies by a man in anger. It is applied to bequests or gifts, which a man makes adverse to the interest of his heir, in consequence of anger or hatred against him. Thus a devise made under these circumstances is called a testament ab irato. And the suit which the heirs institute to annul this will is called an action ab irato. Merlin, Repert. mots Ab irato.Ab irato

/ Of old; formerly.(1) In distant times.(2) By long tradition. Compare with Ab antiquoAb olim

( ). . This means that the owner in theory owns everything a coelo (from the sky) usque ad centrum (right down to the centre of the earth). However, in practice there are many exceptions to this principle.A coelo usque ad centrum

On the contraryA contrario sensu

Guilty act Actus reus

/ ()Anno DominiA.D

...An ad hoc committee / ( )For this specific purpose Ad hoc

/ Of the same mind/ in agreement Ad idem

/ Without limit/ without endAd infinitum

For the suitAd litem

( . .)A person appointed by the court to represent the interests of an estate in an action. Such an appointment is usually made because the estate has no administrator or because the current administrator has interests in the action that conflict with those of the estate.Administrator ad litem

a fortiori (pronounced ah-for-she-ory) prep. Latin for "with even stronger reason," which applies to a situation in which if one thing is true then it can be inferred that a second thing is even more certainly true. Thus, if Abel is too young to serve as administrator, then his younger brother Cain certainly is too young.

A fortiori

A gratia (see. ex gratia)

/ .... ( )Anno HegiraeA.H

From justice ( as a fountain) all rights flow.

A justitia (quasi a quodam fante) omnia juria emanant

( ) collateral.

(legate a latere) A latere

( )No one is bound to do the impossible. A limpossible nul cest tenu

One who write another dictates. About the beginning of the sixth century,, the tabellions (q.v.) were known by this name.Amanuensis

Royal scribe. Amanuensis. A manibus

. .From bed and board: A divorce a mensa et thoro, is rather a separation of the parties by act of law, than a dissolution of the marriage. It may be granted for the causes of extreme cruelty or desertion of the wife by the husband. 2 Eccl. Rep. 208. This kind of divorce does not affect the legitimacy of children, nor authorize a second marriage. V. A vinculo matrimonii; Cruelty Divorce.A mensa et thoro

.A person assisting the courtAmicus curiae (pl. amici curiae)

() Things captured by pirates and robbers do not change titleA piratis et latronibus capta dominum non mutant

( ) A posteriori

An argument drawn from original writs in the register is good.A rescriptis valet argumentum

In arrear; behind. Also written a retro.Aretro

beforeAnte

: .divorce a vinculo matrimoniiA vinculo matrimonii

Audi alteram partem (or audiatur et altera pars) is a Latin phrase that literally means "hear the other side" or "hear the alternative party".[1] It is most often used to refer to the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them.[2]

Audi alteram partem

/ Meeting of the minds (also referred to as mutual agreement, mutual assent or consensus ad idem) is a phrase in contract law used to describe the intentions of the parties forming the contract. In particular it refers to the situation where there is a common understanding in the formation of the contract. This condition or element is often considered a necessary requirement to the formation of a contract.consensus ad idem

In factDe facto

Or necessity; of pure necessityDe fine force (from French)

In legal terminology, erga omnes rights or obligations are owed toward all. For instance a property right is an erga omnes entitlement, and therefore enforceable against anybody infringing that right. An erga omnes right (a statutory right) can here be distinguished from a right based on contract, which is only enforceable against the contracting party.Erga omnes

And othersEt alli (et al)

For exampleExempli gratia

Ex gratia payment:

Ex gratia

An absolute necessity or an inevitable constraint ( see de fine force)Fine force

That isId est (i.e)

/ Among other thingsInter alia

To die intestate : . Intestate (from Latin)

/ Within powerIntra vires

By that very fact itselfIpso facto

( )a confidential papal legate of the highest degree who is appointed especially for a particular mission and not as a permanent representative abroad.Legate a latere (from Latin: Legatus a latere)

Pacta sunt servanda is a Latin term which means agreements must be kept. It is the principle in international law which says that international treaties should be upheld by all the signatories. The rule of pacta sunt servanda is based upon the principle of good faith. The basis of good faith indicates that a party to the treaty cannot invoke provisions of its domestic law as a justification for a failure to perform. The only limit to pacta sunt servanda is the peremptory norms of general international law known as jus cogens which means compelling law.Pacta sunt servanda

Pari passu is a Latin phrase that literally means "with an equal step" or "on equal footing". It is sometimes translated as "ranking equally",[1] "hand-in-hand", "with equal force", or "moving together", and by extension, "fairly", "without partiality".[2]

Pari passu

By itselfPer se

( )Prima facie (/pram fe.i/;[1] from Latin: prm faci) is a Latin expression meaning on its first encounter, first blush, or at first sight. The literal translation would be "at first face" or "at first appearance", from the feminine form of primus ("first") and facies ("face"), both in the ablative case. It is used in modern legal English to signify that on first examination, a matter appears to be self-evident from the facts. In common law jurisdictions, prima facie denotes evidence that unless rebutted would be sufficient to prove a particular proposition or fact. The term is used similarly in academic philosophy. Most legal proceedings require a prima facie case to exist, following which proceedings may then commence to test it, and create a ruling.Prima facie evidence

thus (used after a word to indicate the original, usually incorrect,spelling or grammar in a text)Sic

: .of one's own right; able to exercise one's own legal rightsSui iuris/juris(Sui iuris, commonly also spelled sui juris, is a Latin phrase that literally means of ones own laws)

against (versus is abbreviated to 'v.' in case citations, but to 'vs.' in all other instances)Versus (VS, and V only in cases)

Viz. (also rendered viz without a period) and the adverb videlicet are used as synonyms for "namely", "that is to say", and "as follows".Videlict

/ Beyond powerOpp. of intra viresUltra vires